There are few things more convincing to a jury than scientific evidence presented by expert witnesses called by the state in a criminal case. Sometimes, however, the so-called science used by prosecutors isn't science at all.

Many Texas defendants have been convicted when fraudulent or invented forensic techniques were presented as scientific truth at trial. Others have gone to prison as a result of genuine science being twisted into false accusations of guilt. From the Houston Crime Lab disaster to the discredited testimony of experts like Ralph Erdmann and Fred Zain, Texas leads the nation in scandal over this problem. The Cameron Todd Willingham case, in which discredited arson science was used to get a conviction, is only one of many examples of the use of this kind of evidence.

Just last year, the Innocence Project of Texas exposed the work of Keith Pikett, a Fort Bend County Sheriff's deputy who made use of "dog-scent lineups" to link suspects to evidence retrieved from crime scenes. The Innocence Project report [ed note: see the pdf here], entitled Dog Scent Lineups: A Junk Science Injustice, called attention to the numerous wrongful accusations and convictions that resulted from this form of junk science. Even though the self-trained deputy did not have a scientific background, he was allowed time and time again to testify in criminal trials about the alleged science behind his lineup procedures. Pikett's expert testimony was all junk and no science — and it was used repeatedly by prosecutors. In an encouraging move, the Texas Court of Criminal Appeals recently reversed a case based on Pikett's testimony. That move aside, prosecutors are still allowed to use charlatans like Pikett in Texas courtrooms.

The technique of using phony experts, unscientific evidence or just plain fraud dressed up as expert testimony is known as the use of junk science. It is being employed to get convictions in courtrooms all over the state to this day.

Fortunately, there are solutions to this problem. Innocent citizens who have been convicted in the past because of junk science need to have a fair day in court to prove that they were wrongfully convicted. Forensic labs need to be separated from law-enforcement agencies and made fully accountable to the scientific community. Trial procedures need to be improved so that innocent citizens will not be victimized by junk science in the future.

16 comments:

Anonymous
said...

I don't know that I'd characterize anything the Houston Chronicle publishes in its editorial section concerning criminal justice issues as "notable," Grits. "Predictable" is probably a better word. Jeff Cohen and his editorial staff are totally lacking in objectivity. That rag would do just as well to put you in charge of its editorial section. Blackburn and his "do good" buddies couldn't get advertising this good if they paid for it!

So, 12:48, I take it you're ok with a few innocents like Tim Cole and probably Cameron Todd Willingham getting convicted and dying? Long as it doesn't happen too often? Just a few cases a year? Or what?

Umm, I think Cole was convicted based upon a mistaken identification by the victim. As for Willingham, anyone who objectively looks at all of the evidence in that case can rest with reasonable comfort in the knowledge that the jury got it right. Is the system perfect? No. But I think the correct result is reached with such a high degree of frequency that the systemic reforms advocated by Blackburn and his ilk are wholly unwarranted.

You can always tell who the dirty politicians, prosecutors and the John "Marty" Bradley's are by their posts. The attack on any media source that dares to report the truth and the jabs at those who fight for justice and truth. Comments such as: "Blackburn and his 'do good' buddies..." and "...the systematic reforms advocated by Blackburn and his ilk are wholly unwarranted." (only an English major would use the word "ilk.") Of course Bradley isn't the only narcisstic sociopath holding the office of District Attorney in the State of Texas, just the one with the most to lose.

These unethical people shudder to think what is going to happen when their dirty deeds are revealed. They will stop at nothing to thwarted the attack on their junk science and thereby thwart true justice. I believe Bradley has used junk science to convict, extort plea bargains, revoke probation, and/or get lenghty sentences to further his reputation of being "tough on crime."

While we are at it, we should also get rid of Horizontal Gaze Nystagmus, one of the three so called Field Sobriety Tests "approved" by NHTSA. There should only be two field sobriety tests - the Walk and Turn and One Leg Stand. I believe they are the only two which may have some validity. Judges, prosecutors and police just seem to accept anything they receive in training without ever challenging the science behind it. The the government thought it up, it must be good approach.

I was once fine with the death penalty. I am a Texan and now it makes me sick and furious knowing or believing that ANY innocent person could be put to death. I have a question, that will decide my vote in Nov. Isn't John Bradley very good friends with the governor?

Amen, Charles. Incidentally, to one of the "anons". Don't know if Bradley and Goodhair are good "friends" or not, but Perry knows who he can count on to stonewall an investigation that might shine the spotlight on something that he would prefer to keep under wraps. "Well, let's see now. Whom do I know that has absolutely no scruples, no regard for justice, and a peek at his soul would gag a maggot? Wait, I know. . .

To 8:10 and Don, in politics if you want a friend, get a dog. Perry is not Bradley's "friend," he is his "patron."

After Bradley lost a race for the Texas Court of Criminal Appeals in the late '90s, Perry appointed him Williamson County DA and later to chair of the FSC, so JB owes his political career to Perry. There was a rumor circulating last year (never confirmed but certainly widespread) that Bradley's payoff for suppressing the Willingham investigation was supposedly that Perry had agreed to appoint him to replace Sharon Keller on the Court of Criminal Appeals if she resigned or was removed from office. Now it seems likely she'll finish out her term, but he's clearly still carrying water for the Governor, possibly in hopes of some higher-level sinecure down the line.

Good info, Grits. I had forgotten that Bradley was originally appointed, not elected, and apparently has ridden the incumbency advantage ever since, to remain DA of Wilco. Boy! Trading Keller for Bradley? Now there would be some inverse justice, for we who have screamed for "Killer" to be relieved of her duties, some way or the other. So if we got rid of her, we might inherit JB? Holy Shit!

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